Last week, the US Supreme Court began hearing a case regarding one of special education’s trickiest corners: educational benefit. Parents and schools have clashed over the concept for decades. The essential question involves how much benefit students with disabilities are expected to, even entitled to receive from their education. Take a moment to consider how nuanced this question is. Should the expectation simply be that students make at least some progress? How will the acceptable level of progress be quantified? Is there any definitive way to prove a lack of progress is the fault of the school?
The case in question concerns a student with ASD and ADHD not making progress in a public school. The parents sent him to a private school, at which he allegedly made progress. The family wants the district to pay for the placement. Such requests are fairly common. The key to the case will be proving the student wasn’t making progress at the public school due to some lacking on the part of that school, thus making the placement at the private necessary for educational benefit. Also before the court is the issue of what should be considered an acceptable level of progress. Was the student reaching this? Was providing access to an appropriate curriculum enough, or did the school have to ensure a certain echelon of performance? If so, what should that be?
Many advocates push for schools to ensure meaningful progress. This will be difficult to define. A student with a severe intellectual disability and a sensory impairment will have a different capacity for growth than that of a student with a learning disability who is also gifted. If meaningful progress is quantified and applied to schools via precedent or even an eventual adjustment to IDEA, what is that going to mean for schools that are barely able to keep enough paraprofessionals in their building to help students go to the bathroom? Will schools be expected to move beyond the notion of simply providing access to FAPE and towards an expectation of the best possible educational opportunity? What happens when students, despite a school’s best effort, still make insufficient progress? Will pending adjustments result in better educational outcomes, or simply an increase in due process cases schools in which schools have little means of defense?
I turn the matter to my readers. Should schools be lashed to a requirement for meaningful educational benefit? What should be the definition of “meaningful?” How will it differ from the current expectation of progress being noted during an IEP term? I don’t think any issue in special education is as wrought with controversy. I look forward to your comments.